The most senior family law judge in England and Wales, Sir James Munby, has called for an overhaul of the divorce process, with finances to be dealt with separately.

The rational for the proposal comes from a belief that the family courts are currently clogged up with complex arguments over assets, with most of the judges’ time being taken up with the subsidiary issues of what is known as ancillary relief rather than the divorce itself. Sir Munby argues that there should be a total separation of “the largely administrative and bureaucratic” divorce work of the court and the more complex legal battles about who takes which assets from a marriage.

 

Sir Munby proposes that for the divorce process itself, a simpler online process be implemented. Any issues regarding finances would then be dealt with separately. Sir Munby further proposes that new pilot courts be set up around the country whose sole purpose would be to deal with financial matters arising from the divorce. The locations put forward for these pilot courts are London, South East Wales and the West Midlands.

 

There are also growing concerns amongst family lawyers that divorce laws are outdated and many have called for plans to allow ‘no fault’ divorces. This would mean that the Applicant filing the divorce petition would not need to prove that the other party is at fault. However, Sir Munby has stated that such a change to divorce laws would need to come from Parliament.

 

At this current stage, it is unclear whether such proposals will eventually be implemented, but it is clear that a streamlined divorce process would be beneficial for all involved. If you have any queries relating to divorce of family law, please get in contact with our family law team on 01792 648111 or at mail@johnmorse.co.uk.